STATEHOUSE (Feb. 25, 2010) - House lawmakers today approved State Sen. Joe Zakas’ measure aimed at improving Indiana’s adoption laws.

Senate Bill 140, which passed the House of Representatives by a 97-0 vote, will now be sent back to the Senate for further consideration.  If approved by the Senate, SB 140 will be sent to the governor where it could become law.

“Hoosier families and children involved in the adoption process will benefit from these proposed improvements to the state’s current laws,” said Zakas (R-Granger).  “By clarifying adoption procedures, we can provide more certainty to those involved and make the process more understandable for people who are considering adoption.”

Zakas’ measure makes six modifications to Indiana’s adoption laws:

• Adds that conviction of an “attempted” serious felony would prohibit a person from adopting. Currently, those convicted of serious felonies are barred from adopting children under Indiana law. A recent court case stated that a person convicted of “attempting” to commit those crimes was not barred from adopting under the existing statute;
• Requires that a person contesting an adoption do so in the same court where the adoption proceeding was filed. Recently, the Indiana Supreme Court interpreted current statute to say a man could file a paternity action in a different court as a way to contest an adoption;
• Bars the practice allowing men to file a paternity action within 30 days after receiving actual notice of an adoption proceeding. This aims to prevent people from circumventing current law by filing a paternity case after 30 days as a “next friend” of a child, as if on behalf of the child. Such action can be filed for up to 20 years;
• Requires a man to file with the putative father registry only if the mother does not provide his name and address to the attorney or agency arranging for the adoption;
• Creates a process for birth mothers who consented to an adoption to change and provide consent for adoption by a different family; and
• Requires attorneys and child placement agencies which arrange for adoptions to be licensed in the state in order to better assure familiarity with Indiana’s adoption laws.

“As a strong supporter of adoptions, I want to continue working to improve the process,” Zakas said. “Adopting can be complicated and if everyone involved has a clear understanding of the process, the better it will be for the families and children involved.”

Sen. Zakas represents Senate District 11, which includes portions of St. Joseph and Elkhart counties.